92 Decision Citation: BVA 92-09503
Y92
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
DOCKET NO. 92-01 015 ) DATE
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THE ISSUE
Entitlement to service connection for a back disorder.
ATTORNEY FOR THE BOARD
Richard V. Chamberlain, Counsel
INTRODUCTION
The veteran had active service from May 1954 to May 1957.
In November 1991, rating action of the regional office (RO)
in Los Angeles, California, denied service connection for a
back disorder. The veteran submitted a notice of
disagreement in December 1991, and a statement of the case
was issued in January 1992. The veteran submitted a
substantive appeal in February 1992. The case was received
and docketed at the Board of Veterans' Appeals (Board) in
February 1992. The veteran has no representative in the
matter for appellate consideration.
CONTENTIONS OF APPELLANT ON APPEAL
The veteran contends that he injured his back picking up a
trash can filled with sand in service. He now requests
service connection for a back disorder.
DECISION OF THE BOARD
For the reasons and bases hereinafter set forth, it is the
decision of the Board that the evidence is against the claim
for service connection for a back disorder.
FINDING OF FACT
A chronic back disorder was not present during service or
demonstrated post service.
CONCLUSION OF LAW
A chronic back disorder was not incurred in or aggravated by
active service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R.
§ 3.303(b).
REASONS AND BASES FOR FINDINGS AND CONCLUSION
We find that the veteran's claim is "well grounded" within
the meaning of 38 U.S.C. § 5107(a); that is, we find that he
has presented a claim which is plausible, whether or not
substantiated. Additionally, we find that the RO has
obtained all relevant evidence for equitable disposition of
the veteran's claim and that no further assistance to him is
required to comply with the duty to assist mandated by
38 U.S.C. § 5107(a).
In order to establish service connection for a chronic back
disorder, the evidence must show the presence of such a
disorder and that it was incurred in or aggravated by active
service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303(b).
The only service medical record concerning the veteran
consists of a report of his medical examination for
discharge in April 1957. That report does not reveal the
presence of any abnormality of the back. It was reported
that on clinical evaluation the veteran's spine was normal.
In December 1990, the RO requested the veteran's service
medical record from the National Personnel Records Center
(NPRC). In February 1991, NPRC notified the RO that they
had no service medical records on file concerning the
veteran and that this was a fire-related case.
In February 1991, the RO sent another request for the
veteran's service medical records to NPRC. In April 1991,
NPRC notified the RO that they had no available service
medical records concerning the veteran and requested the RO
to submit a completed NA Form 13055 with specific
information concerning the veteran's illness, injury, or
treatment in service with related information.
In July 1991, the RO requested reports of the veteran's
alleged medical treatment at a medical facility of the
Department of Veterans' Affairs (VA). In August 1991, the
VA medical facility notified the RO that they had no record
available concerning the veteran.
In 1991, the RO submitted another request for the veteran's
service medical records with a completed NA Form 13055 to
NPRC. In November 1991, NPRC again notified the RO that
they had no available service medical records concerning the
veteran.
We note the veteran's assertion that he was treated for a
back disorder in service and at a VA medical facility after
service, but requests for reports of such treatment from the
related facilities were negative. A report of the veteran's
VA medical examination for discharge in April 1957 also is
negative for the presence of a back disability or limitation
of his physical profile. We recognize that the veteran may
have been treated for a back condition in service and that
some service medical records concerning the veteran's
treatment in service may have been destroyed in a fire at
the NPRC, but, in the absence of the presence of a chronic
back disorder at the time of the veteran's medical
examination for discharge in 1957, we must conclude that any
back condition in service was acute and transitory and
resolved without residual disability. Since the evidence
does not demonstrate the presence of a chronic back disorder
in service or any any time thereafter, we conclude that the
evidence does not establish entitlement to service
connection for such a disorder.
ORDER
Service connection for a back disorder is denied.
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
W. H. YEAGER, JR., M.D. JAN DONSBACH
JOAQUIN AGUAYO-PERELES
(CONTINUED ON NEXT PAGE)
NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C. § 7266 (1992),
a decision of the Board of Veterans' Appeals granting less
than the complete benefit, or benefits, sought on appeal is
appealable to the United States Court of Veterans Appeals
within 120 days from the date of mailing of notice of the
decision, provided that a Notice of Disagreement concerning
an issue which was before the Board was filed with the
agency of original jurisdiction on or after November 18,
1988. Veterans' Judicial Review Act, Pub. L. No. 100-687,
§ 402 (1988). The date which appears on the face of this
decision constitutes the date of mailing and the copy of
this decision which you have received is your notice of the
action taken on your appeal by the Board of Veterans'
Appeals.